New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-24
PRICE THREE CENTS
THE JURY STOODSIX TO SIX.
cLEARY ESCAPES CONVICTION THIS TCaE.

CLEARY ESCAPES CONVICTION THIS Tl1E.
UNABLE TO AGREE AFTER SEVENTEEN HOURS
NO CHANGE IN THE BALfOTING FROM
THE srAnT-CLrARY RENEws
HIS $4,000 BAIL.
The case of Thomas Cleary has ended in mis-
trial. The Jury. after remaining out seventeen
hours stood upon the final ballot six to six, and
were discharged. All hope of an agreement was
practically abandoned at 10 q. m. yesterday. For
an hour before the corridors of the Court House
we're crowded with excited people, waiting for tho
verdict to be announced. None Of the Adernens
trials since that of Jaehne has excited such wide
interest AS that of Cleary. Tho length Of time
taken in obtaining the jury, the extraordinary
methods employed bv the defence. the eloquent
speeches Of Mr. DOuQherty ard Mr, Nicoli, all
tended to make this trial notable one in the
series. All day the crowds came and went aud
came again.
Justice Barrett arrived at the Court House
shortly before 10 O'clock and remained In his
private room cOnyersIng with other members
of the Supreme Court bench lie was IN
waiting all day, but received no intimation OF
the urys purposes of the prospects OF an acqut-
tai All sorts of ramors ran around the court. Tho
defence were sure that the jury stood eight to four
in their favor Mr. shafer wanted to mako bets on
it, The four men whom he suspected Of wiling
ness to send his client to the State Prison were Mr.
Allen, the second juror; Mr.. Com,tock, the fifth;
Mr. Halves. the eighth, and Mr.. Delamater, the
eleventh As the issue proved, his suspicious OF
these men were entirely weI founded
The day dragged YEARLY along The jury were
locked up in the General Term room OF tho
Superior Court. which is on the third floor In
tho Oyer and Terminer sat Mr.. Shafer,
Mr.. Vincent, Mr.. Fitzgerald and Judge Grandln.
the legal custodiaus of Thomas Cleary's hopes and
fears. No representative of the prosecution came
into the courtroom until just before the jury re-
turned Mr. Shafer was in highly amIabe spirits.
He seemed TO be at peace with all the worli.
cheerful smile played around his ample cheeks He
oven expressed his goodwill for the reporters. He
said that he was going to sleep for week when the
jury came in
"What!v asked some one near him, before you
have pulverized Pulitzerp
BLANK Puiitzer!" replied Mr.. Shafer Sc
renely: "if [ don't shoot him, some
body else will and must get some sleep first"
He was confident that the thing which had
"hung" the jury was his arrangement OK the
press.
Charles ". Brooke and Peter Mitchell hung
around the Court House all day. They were de-
lighted at the situation. They discoursed eloquent
ly to admiring throngs about the "perjuri,us,
lecherOus informers ana hatie Me,z' ,,M MI. M
eli regarded Judge Barretts charge In VNelPs casa
aT Ave. !" "i'Aeo "''D'p''A
II was 4:2O D. IN. when Crier Ricketts, took to
Judge Barrett q message from the jury. st ing
that it was useless to detan them longer,
they could dsS not Sssxhs .e reach too ssr asd
directed that the Jury he brought into court In an
instant the crowds poured INTO the couri-r9om IL
%neh ,bo ss when
like order was obtained the prisoner was Drougn5
IN under the charge Of two deputy sheriffs He
looked almost whlte. but hopeful smile lit up MS
face. He was bright even satisfied. He seemed to
know just What was about 70 ha, pen.
TIE ars es u They Looked ib s9ss a
eoor pak was H9r sSss and most q them almost
hardly in their seats before the District-Attrney,
his face wearing heavy frown. took MS chair lie
was 70 lowed by Mr. Nicoii and Mr.. emp.e wo
sharp raps were heard the side-door was thrown
aside and in walked Justice Barrett. stern. cod,
dispassonate lie took mis- seat he clerk ca ied
the Jurors Names and each answered the roll Inen
the Judge said: ,.,,
"Gentlemen. have you agreed upon . Verdict. ~
The foreman MI B!chman nan RI, rose, :nno,S We nave
lyon are discharged" was the cold reply OF the
Judge as he rurned his back upon the jury box.
There was no of his thanks no solicituds
for their long and arduons service Inc Jurors ,eit
the box quickly and went into tue room
of the Judge who sits at chambers. !icre
they were eagerly SosSSsd Ssa by %youd dfeDsptsi spas
They all said they were bound by promise not to
do 30. H.
in the meantime the court proceedings were hur;
riedlv concluded Mir MARITIME rose and moved
that the court take an Adjournment until Friday
M 1 a H. Mr. Snafer asked If the matter then 20
be brought before his Honor would refer to tals
case The District-Attorney gave no answer MI
Shafer said he wishei TO go out OF town, but stlt
the prosecutor was silent. The defeudants coun.
se, Than moved that Cleary be admitted to bail
and the Judge consented. The sum fixed was
$40 600 and his former bondsman give it. Judge
BoTrett granted the District-Attorney's morton
for an adjournmenI. and the prisoner
was conducted to the Sheriffs Once,
there TO await the eparation OF his bond When
Inc cot TO the basement floor of the Court House
largo crowd of his admirers gave him three cheers
and a tiger aud followed him VITA continued nur-
Mr MARITIME refuses to disclose his intentions with
regard TO the case bat it safe to say that Cleay
will BE- tried again IN short order.